USPTO Patents Application 10066140

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 223 1 3-1 450
www.uspto.gov

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

10/066,140

02/01/2002

Satyendra Yadav

10559-755001

5189

20985

7590

03/06/2006

FISH & RICHARDSON, PC
P.O. BOX 1022

MINNEAPOLIS, MN 55440-1022

EXAMINER

PERUNGAVOOR, VENKATANARAY

ART UNIT

PAPER NUMBER

2132

DATE MAILED: 03/06/2006

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

Off icq Action Summarv

Application No.

10/066,140

Applicant(s)

YADAV, SATYENDRA

Examiner

Venkatanarayanan Perungavoor

Art Unit

2132

- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -
Period for Reply

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.

- Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
after SIX (6) MONTHS from the mailing date of this communication.

- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
earned patent term adjustment. See 37 CFR 1.704(b).

Status

1)S Responsive to communication(s) filed on 13 January 2006 .
2a)D This action is FINAL. 2b)K This action is non-final.

3) Q Since this application is in condition for allowance except for formal matters, prosecution as to the merits is

closed in accordance with the practice under Ex parte Quayle, 1 935 CD. 1 1 , 453 O.G. 21 3.

Disposition of Claims

4) E3 Claim(s) 1-35 is/are pending in the application.

4a) Of the above claim(s) is/are withdrawn from consideration.

5) D Claim(s) is/are allowed.

6) [3 Claim(s) 1-35 is/are rejected.

7) D Claim(s) is/are objected to.

8) D Claim(s) are subject to restriction and/or election requirement.

Application Papers

9) D The specification is objected to by the Examiner.

10) D The drawing(s) filed on is/are: a)D accepted or b)D objected to by the Examiner.

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).

1 1) D The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.

Priority under 35 U.S.C. § 1 1 9

12) D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (0.
a)D All b)D Some * c)D None of:

1 .□ Certified copies of the priority documents have been received.

2. Q Certified copies of the priority documents have been received in Application No. .

3. D Copies of the certified copies of the priority documents have been received in this National Stage

application from the International Bureau (PCT Rule 17.2(a)).
* See the attached detailed Office action for a list of the certified copies not received, y ^%

KAMBIZZAND
PRIMARY EXAMINER

Attachment(s)

1 ) |3 Notice of References Cited (PTO-892) 4) KI Interview Summary (PTO-41 3)

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. UOUWb 3, WllO*h \

3) □ Information Disclosure Statement(s) (PTO-1 449 or PTO/SB/08) 5 ) □ Notice of Informal Patent Application (PTO-1 52)

Paper No(s)/Mail Date . 6) □ Other: .

U.S. Patent and Trademark Office
PTOL-326 (Rev. 7-05)

Office Action Summary

Part of Paper No./Mail Date 022320062

Application/Control Number: 10/066,140
Art Unit: 2132

Page 2

DETAILED ACTION
Response to Arguments

1. Applicant's arguments with respect to claims 1-35 have been considered but are
moot in view of the new ground(s) of rejection.

2. Although an agreement was reached during the interview on 2/13/2006 upon
further updated search yielded art that is being used as new ground(s) of
rejection.

Claim Rejections - 35 USC § 102

3. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
form the basis for the rejections under this section made in this Office action:

A person shall be entitled to a patent unless -

(e) the invention was described in (1) an application for patent, published under section 122(b), by
another filed in the United States before the invention by the applicant for patent or (2) a patent
granted on an application for patent by another filed in the United States before the invention by the
applicant for patent, except that an international application filed under the treaty defined in section
351(a) shall have the effects for purposes of this subsection of an application filed in the United States
only if the international application designated the United States and was published under Article 21(2)
of such treaty in the English language.

4. Claim 1-35 are rejected under 35 U.S.C. 102(e) as being anticipated by U.S.
Patent 6,996,843 B1 to Moran.

5. Regarding Claim 1 , Moran discloses the receiving of requests from an invoked
application see Col 7 Ln 27-32; selectively designating request as authorized or

Application/Control Number: 1 0/066, 1 40 Page 3

Art Unit: 2132

unauthorized see Col 7 Ln 34-38; monitoring inbound communications to detect
intrusion see Col 9 Ln 24-33.

6. Regarding Claim 2, Moran discloses the blocking of inbound network
communications that fail the authorized request see Col 7 Ln 39-49; monitoring
the blocked network communications to detect intrusion see Col 8 Ln 25-48.

7. Regarding Claim 3, 14, 27, 33, Moran discloses the examining the
communications, identifying the source, and initiating monitoring of
communications see Col 9 Ln 14-33.

8. Regarding Claim 4, Moran discloses the checking for patterns spanning multiple
communications see Col 10 Ln 8-14.

9. Regarding Claim 5, 17, Moran discloses the generating of fabricated response
see Col 1 Ln 65-16.

10. Regarding Claim 6, 29, Moran discloses the checking the communications for
packet-level exploits see Col 14 Ln 35-46.

1 1 . Regarding Claim 7, 1 8, Moran discloses the increasing of the level of monitoring
in response to exploits see Col 8 Ln 37-48.

Application/Control Number: 10/066,140

Art Unit: 2132

Page 4

12. Regarding Claim 8, Moran discloses the monitoring using a application-specific
signature see Col 8 Ln 1 1-16.

13. Regarding Claim 9, 15, 28, Moran discloses the examining the set instructions of
the application see Col 13 Ln 12-42.

14. Regarding Claim 10, Moran discloses the intrusion detection system invoked with
the invoked application see Col 21 Ln 4-16.

15. Regarding Claim 11, 20-21, Moran discloses the applications and intrusion
detection run within the single execution context see Col 32 Ln 55-65 & Col 24
Ln 56-67.

16. Regarding Claim 12, 19, 30, Moran discloses the applying of hash to a set of
instructions and comparing of the hash see Col 31 Ln 66- Col 32 Ln 3 & Col 32
Ln 55-65.

17. Regarding Claim 13, Moran discloses the receiving of requests from an invoked
application see Col 7 Ln 27-32; selectively designating request as authorized or
unauthorized see Col 7 Ln 34-38; monitoring inbound communications to detect
intrusion see Col 9 Ln 24-33; the blocking of inbound network communications

Application/Control Number: 10/066,140 Page 5

Art Unit: 2132

that fail the authorized request see Col 7 Ln 39-49; monitoring the blocked
network communications to detect intrusion see Col 8 Ln 25-48; the monitoring
using a application-specific signature see Col 8 Ln 1 1-16.

18. Regarding Claim 22, Moran discloses the application network enforcer which
serves application invoked on a machine, identifies the network request that fail
to satisfy policy and that satisfy policy see Col 10 Ln 15-33; the blocking of
inbound network communications that fail the authorized request see Col 7 Ln
39-49; monitoring the blocked network communications to detect intrusion see
Col 8 Ln 25-48.

19. Regarding Claim 23, Moran discloses the examining the communications,
identifying the source, and initiating monitoring of communications see Col 9 Ln
14-33.

20. Regarding Claim 24, Moran discloses the receiving of requests from an invoked
application see Col 7 Ln 27-32; selectively designating request as authorized or
unauthorized see Col 7 Ln 34-38; monitoring inbound communications to detect
intrusion see Col 9 Ln 24-33; the examining the communications, identifying the
source, and initiating monitoring of communications see Col 9 Ln 14-33.

Application/Control Number: 10/066,140 Page 6

Art Unit: 2132

21. Regarding Claim 25, Moran discloses the generating of fabricated response and
responding to the intrusion see Col 1 Ln 65-16.

22. Regarding Claim 26, Moran discloses the receiving of requests from an invoked
application see Col 7 Ln 27-32; selectively designating request as authorized or
unauthorized see Col 7 Ln 34-38; monitoring inbound communications to detect
intrusion see Col 9 Ln 24-33; the examining the communications, identifying the
source, and initiating monitoring of communications see Col 9 Ln 14-33; the
monitoring using a application-specific signature see Col 8 Ln 11-16.

23. Regarding Claim 31, Moran discloses the blocking of inbound network
communications that fail the authorized request see Col 7 Ln 39-49; monitoring
the blocked network communications to detect intrusion see Col 8 Ln 25-48; the
generating of fabricated response see Col 1 Ln 65-16.

24. Regarding Claim 32 see Claim 1 above.

25. Regarding Claim 34 and 35, Moran discloses the loading of signature from
central security server see Fig. 2 item 210.

Conclusion

Application/Control Number: 10/066,140 Page 7

Art Unit: 2132

26. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.

U.S. Patent 6,219,706 B1 to Fan et al.

U.S. Patent 6,996,845 B1 to Hurst et al.

U.S. Patent Publication 2002/0129278 A1 to Elgressy et al.

27. Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Venkatanarayanan Perungavoor whose
telephone number is 571-272-7213. The examiner can normally be reached on
8-4:30. If attempts to reach the examiner by telephone are unsuccessful, the
examiner's supervisor, Gilberto Barron can be reached on 571-272-3799. The
fax phone number for the organization where this application or proceeding is
assigned is 571-273-8300.

28. Information regarding the status of an application may be obtained from the
Patent Application Information Retrieval (PAIR) system. Status information for
published applications may be obtained from either Private PAIR or Public PAIR.
Status information for unpublished applications is available through Private PAIR
only. For more information about the PAIR system, see http://pair-
direct.uspto.gov. Should you have questions on access to the Private PAIR
system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
free).

Application/Control Number: 10/066,140
Art Unit: 2132

Page 8

2/23/2006

Venkatanarayanan Perungavoor

Examiner

Art Unit 21 32

KAMBIZ ZAND
PRIMARY EXAMINER